Preview
FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019
Exhibit I
FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019
Page 1
December 7, 2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
INDEX# 158143/16
--------------------------------------------x
L'ETOILE ROYALE, INC.,
Plaintiffs,
-against-
COMPUSTAR (U.S.A.) INC. and DOUGLAS ELLIMAN
PROPERTY MANAGEMENT,
Defendants.
---------------------------------------------x
360 Lexington Avenue
New York, New York
December 7, 2018
11:00 a.m.
Examination Before Trial of the
Plaintiff by SEVAN DOGRAMACIYAN, pursuant to
Order, before Robert S. Barletta, a Notary Public
of the State of New York.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019
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December 7, 2018
1
2 A P P E A R A N C E S:
3 GROSSMAN & GROSSMAN, P.C.
4 Attorneys for Plaintiffs
5 360 Lexington Avenue, 12th Floor
6 New York, New York 10017
7 BY: BRETT GROSSMAN, ESQ.
8
9 BRUCE SOMERSTEIN & ASSOCIATES, P.C.
10 Attorneys for Defendants
11 Seven Penn Plaza
12 New York, New York 10001
13 BY: CHRISTOPHER A. WONG, ESQ.
14
15
16
17
18
19
20
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 S T I P U L A T I O N S
3 IT IS HEREBY STIPULATED AND
4 AGREED by and between(among) counsel for the
5 respective parties hereto, that:
6
7 All rights provided by the
8 C.P.L.R., including the right to object to
9 any question, except as to form, or to move
10 to strike any testimony at this(these)
11 examination(s), are reserved, and, in
12 addition, the failure to object to any
13 question or to move to strike any testimony
14 at this(these) examination(s) shall not be a
15 bar or waiver to make such motion at, and is
16 reserved for the trial of this action;
17
18 IT IS FURTHER STIPULATED AND
19 AGREED by and between(among) counsel for the
20 respective parties hereto, that this(these)
21 examination(s) may be sworn to by the
22 witness(es) being examined, before a Notary
23 Public other than the
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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December 7, 2018
1
2 S T I P U L A T I O N S (Cont'd)
3 Notary Public before whom this(these)
4 examination(s) was (were) begun; but the
5 failure to do so, or to return the original
6 of this (these) examination(s) to counsel,
7 shall not be deemed a waiver of the rights
8 provided by Rules 3116 and 3117 of the
9 C.P.L.R., and shall be controlled thereby;
10
11 IT IS FURTHER STIPULATED AND
12 AGREED by and between(among) counsel for the
13 respective parties hereto, that this(these)
14 examination(s) may be utilized for all
15 purposes as provided by the C.P.L.R.;
16
17 IT IS FURTHER STIPULATED AND
18 AGREED by and between(among) counsel for the
19 respective parties hereto, that the filing
20 and certification of the original of
21 this(these) examination(s) shall be and the
22 same hereby are waived;
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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December 7, 2018
1
2 S T I P U L A T I O N S (Cont'd)
3 IT IS FURTHER STIPULATED AND
4 AGREED by and between(among) counsel for the
5 respective parties hereto, that a copy of the
6 within examination(s) shall be furnished to
7 counsel representing the witness(es)
8 testifying, without charge.
9
10 IT IS FURTHER STIPULATED AND
11 AGREED by and between(among) counsel for the
12 respective parties hereto, that all rights
13 provided by the C.P.L.R., and Part 221 of the
14 Uniform Rules for the Conduct of Depositions,
15 including the right to object to any
16 question, except as to form, or to move to
17 strike any testimony at this examination is
18 reserved; and in addition, the failure to
19 object to any question or to move to strike
20 any testimony at this examination shall not
21 be a bar or waiver to make such motion at,
22 and is reserved to, the trial of this action.
23
24 -0-
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 S E V A N D O G R A M A C I Y A N, called
3 as a witness, having been duly sworn by the
4 Notary Public, was examined and
5 testified as follows:
6
7 EXAMINATION BY
8 MR. WONG:
9 THE REPORTER: Please state your full
10 name for the record.
11 THE WITNESS: Sevan Dogramaciyan.
12 THE REPORTER: What is your address?
13 THE WITNESS: 300 East 62nd Street,
14 Apartment 2204, New York, New York 10065.
15 MR. WONG: Is it all right that I call
16 you by your first name?
17 THE WITNESS: That is okay.
18 MR. WONG: My name is Christopher Wong.
19 I am an attorney with Bruce Somerstein &
20 Associates representing the defendants in
21 this case. I am going to be asking you a
22 series of questions about an incident that
23 occurred on January 20, 2015 and a few
24 questions concerning the events that may lead
25 up to that date. If you do not understand
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 any of my questions, let me know. I will
3 rephrase it. If your attorney objects, do
4 not answer the question and let us resolve
5 the question. I ask that all of your
6 responses to my questions be verbal because
7 we have a court reporter who can only take
8 down a verbal response. He cannot take a
9 shake of the head. I ask that you wait for
10 me to finish my question before answering it
11 because the court reporter can only take down
12 one person at a time speaking.
13 THE WITNESS: Okay.
14 Q. The address you gave at 300 East
15 62nd Street, Apartment 2204, New York, New York,
16 do you own or rent?
17 A. We own it.
18 Q. Who else do you own the apartment with?
19 A. My father.
20 Q. Who else do you live with?
21 A. My wife and two kids.
22 Q. Does your father live there?
23 A. No.
24 Q. Your father's name is?
25 A. Garbis Dogramaciyan.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 Q. What is your wife's name?
3 A. Annya. A-n-n-y-a.
4 Q. Same last name?
5 A. Yes.
6 Q. Your children, how old are they?
7 A. One is 4 and one is 2.
8 Q. How long have you lived at that
9 apartment?
10 A. Ten years.
11 Q. What is your date of birth?
12 A. 7/7/1983.
13 Q. What is your highest level of education?
14 A. Two years of college.
15 Q. Two?
16 A. Associate's degree.
17 Q. Where did you go to college?
18 A. FIT. That was the program two years.
19 For jewelry design.
20 Q. When did you obtain that degree? What
21 year?
22 A. 2007.
23 Q. Are you currently employed?
24 A. Yes.
25 Q. Who is your employer?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 A. L'Etoile Royale.
3 Q. You were employed by L'Etoile Royale
4 back on January 20, 2015?
5 A. Yes.
6 Q. Are you a full-time employee or
7 something else?
8 A. Full-time.
9 Q. Were you a full-time employee back in
10 January 2015?
11 A. No.
12 Q. When did you become a full-time employee
13 at L'Etoile Royale?
14 A. Years ago.
15 Q. Do you recall approximately?
16 A. Approximately. No. Maybe five or six
17 years.
18 Q. You testified earlier you were a
19 part-time employee back in January 2015 and now in
20 December 2018, when did you become a full-time
21 employee?
22 MR. GROSSMAN: When did he become
23 full-time?
24 MR. WONG: He said more than five years
25 ago. I asked him the question back in
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 January 20, 2015, were you a full-time
3 employee. He said no. He was part-time.
4 MR. GROSSMAN: That wasn't five years
5 ago. When were you part-time and when were
6 you full-time?
7 THE WITNESS: My dad knows these things.
8 MR. GROSSMAN: If you don't know the
9 answer.
10 THE WITNESS: I don't know.
11 BY MR. WONG:
12 Q. Prior to working at L'Etoile Royale, did
13 you work anywhere else?
14 A. No.
15 Q. Do you recall when you first started
16 working at L'Etoile Royale?
17 A. As a kid. Family business.
18 Q. Do you recall how old you were?
19 A. Maybe eight or nine. Saturdays I used
20 to go to work just to learn.
21 Q. You are 35 years old right now?
22 A. Yes.
23 Q. Back in January 2015, do you recall the
24 address that L'Etoile Royale was working?
25 A. Yes.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 Q. What address?
3 A. 784 Madison Avenue, New York, New York
4 10065.
5 Q. Prior to January 20, 2015, how long had
6 L'Etoile Royale been at that location?
7 A. I believe 2008 we started there. 2008
8 or 2009.
9 Q. Were you working at L'Etoile Royale back
10 in 2008 or 2009?
11 A. Yes.
12 Q. Were you full-time or part-time?
13 A. I don't know.
14 Q. Back in January 20, 2015, what were your
15 job duties at L'Etoile Royale?
16 A. Sales.
17 Q. Did you have any specific duties in
18 sales?
19 A. I set up the store every morning. I set
20 up the store. Sales. That is it.
21 Q. What is the business of L'Etoile Royale?
22 A. We do high end jewelry business.
23 Jewelry and art.
24 Q. What does that mean?
25 A. We sell jewelry and art.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 Q. Do you buy jewelry and art?
3 A. Yes.
4 Q. Do you make any of your jewelry?
5 A. Me personally, yes. I do.
6 Q. Back in 2015, were you making jewelry or
7 designing jewelry?
8 A. I design jewelry all the time.
9 Q. Does L'Etoile Royale make that jewelry?
10 A. Yes.
11 Q. Do they sell that jewelry you design?
12 A. No.
13 Q. Are you selling or designing jewelry
14 somewhere else?
15 A. No, I just do it for myself.
16 Q. Not for the business?
17 A. No.
18 Q. Were there any other employees back in
19 L'Etoile Royale in January?
20 A. No, we have a security guard. That also
21 changes from another company.
22 Q. Back in January 2015, you had a security
23 guard in addition to yourself and your father?
24 A. Yes.
25 Q. What were the hours of the business back
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 in January 20, 2015?
3 A. I am there usually 9:00 or 9:30 until
4 6:00 and the guard comes always between 1:00 or
5 12:00 until 6:00 or 5:00.
6 Q. Your working hours are between 9:30 to
7 6:00 p.m.?
8 A. Yes.
9 Q. Is the store open from 11:00 to
10 6:00 p.m.?
11 A. Yes.
12 Q. Do you know the name of the landlord?
13 A. No.
14 Q. Did L'Etoile Royale lease or own the
15 building or the space?
16 A. Lease.
17 Q. Is there a property manager?
18 A. Yes, there should be.
19 Q. Do you know the name of the property
20 manager?
21 A. No.
22 Q. Would your father know that name?
23 A. I don't know. He should.
24 Q. Is there a building super?
25 A. Yes.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 Q. Do you know the building super's name?
3 A. Leo.
4 Q. Leo, is he on site every day on the
5 premises?
6 A. I don't know. I am not involved with
7 the building. I don't know if he is there or not.
8 Q. Do you know how to get in touch with Leo
9 if you needed to get in touch with him?
10 A. I go to the concierge of the building
11 and I ask for him. If he is there, he is there.
12 If he is not, he is not which is rarely. I never
13 ask. I don't really need anything.
14 Q. Where is the concierge located?
15 A. 790 Madison Avenue.
16 Q. Are you familiar with the term, "mixed
17 use building?"
18 A. Yes.
19 Q. Is the building at 784 Madison Avenue a
20 mixed use building?
21 A. It is the same building.
22 Q. There are ground floor commercial
23 businesses?
24 A. Ground floor and offices upstairs.
25 Q. Is there any residential building?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 A. No, all offices.
3 Q. All commercial?
4 A. Yes.
5 Q. Besides L'Etoile Royale, do you know how
6 many other commercial businesses are on the street
7 level?
8 A. There is Michael Kors. There is an
9 eyeglass store next to me and there is Solomon.
10 The first store next to me.
11 Q. What are the cross streets?
12 A. 66th and 67th Street.
13 Q. Specifically, the space that L'Etoile
14 Royale occupies at 784 Madison, do you know the
15 approximate size of that space? Square footage?
16 A. I don't know exactly, no.
17 Q. Is it a big store or a small store?
18 A. Small boutique style.
19 Q. Do you know how many rooms it is?
20 A. One room. There is a front sales then
21 the back there is a gallery we have a gallery the
22 front is jewelry and the back the gallery.
23 Q. One room separated into two sections?
24 A. By a wall.
25 Q. The wall separating?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 A. Basically, one room. Two sections
3 separated by a wall. Very small. Maybe
4 700 square feet. The store.
5 Q. Is there a doorway connecting the two
6 rooms?
7 A. No, there are no doors.
8 Q. The front portion of the store is where
9 you sold jewelry?
10 A. Yes.
11 Q. The back part of the store is a gallery?
12 A. Yes.
13 Q. Is there a basement?
14 A. No.
15 Q. Do you have a second floor?
16 A. No.
17 Q. A mezzanine?
18 A. No.
19 Q. Basically, you just have the one floor?
20 A. One floor.
21 Q. How many entrances does the store have?
22 A. One.
23 Q. Where is that located?
24 A. In the front on Madison.
25 Q. You don't have separate access to the
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 building itself?
3 A. No.
4 Q. How many days a week are you open?
5 A. Six.
6 Q. That would be when?
7 A. Monday through Saturday.
8 Q. Are you closed on Sundays?
9 A. Yes.
10 Q. Prior to being at the 784 Madison Avenue
11 address, do you recall where the store was
12 located?
13 A. We were also in the Pierre Hotel.
14 Q. Were you in the Pierre Hotel on
15 January 20, 2015?
16 A. No.
17 Q. Prior?
18 A. Prior.
19 Q. How long were you at the Pierre Hotel?
20 A. I don't know exactly.
21 Q. Prior to 2007?
22 A. Yes, prior.
23 Q. The front half of the area you sell the
24 jewelry, is that 50 percent of the store, less, or
25 more?
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 A. Maybe 60.
3 MR. GROSSMAN: Physical size.
4 MR. WONG: Yes.
5 Q. The remaining would be in the back?
6 A. The gallery, yes.
7 Q. Is the store open to the public?
8 A. Yes.
9 Q. Do you need a appointment to enter the
10 store?
11 A. No, anyone could walk in.
12 Q. Is the security guard always present
13 during the opening hours?
14 A. Yes.
15 Q. Do you recall the name of the security
16 company that you were using back in January 2015?
17 A. I don't recall.
18 Q. In addition to the security guard that
19 the store has, do you have an alarm company?
20 A. Yes.
21 Q. Do you recall the name of the alarm
22 company?
23 A. ADT.
24 Q. Was it ADT back in 2015?
25 A. I think so.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 Q. Are you familiar with the services that
3 ADT provides?
4 A. No.
5 Q. Do you know if they provide burglary
6 alarms?
7 A. Yes.
8 Q. Do you know if they provide you with
9 fire alarm services?
10 A. I don't know.
11 Q. If there was an attempt to break in the
12 store, would ADT contact you or your father?
13 A. They contact the store then they contact
14 my father, I believe.
15 Q. Are you on that call list?
16 A. No.
17 MR. WONG: Let's concentrate ourselves
18 on the front room where you were selling the
19 jewelry back in 2015 in January.
20 Q. What did you have in the way of
21 showcases in the front room, if any?
22 A. I don't understand the question.
23 Q. Was your jewelry on display to the
24 public?
25 A. During the day, yes. On the 20th?
DEITZ Court Reporting... A Lexitas Company
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2 Q. Yes, 2015.
3 A. No.
4 Q. In the storefront where you had the
5 jewelry, were there showcases you can display the
6 jewelry?
7 A. Yes.
8 Q. How many showcases did you have?
9 A. Seven showcases.
10 Q. Back in January of 2015, those showcases
11 were empty; correct?
12 A. Yes, only two in the front. We have
13 also put, if we are on vacation, some pieces. Two
14 small pieces.
15 Q. Is your storefront glass?
16 A. Glass and it is bronze around it.
17 Q. Are there any chairs in the front?
18 A. We have two, yes.
19 Q. Is there any art work displayed in the
20 front on the walls?
21 A. No.
22 Q. The walls are bare?
23 A. The walls are full showcases. The
24 showcases are aligned with the walls. Very
25 expensive per square foot on Madison.
DEITZ Court Reporting... A Lexitas Company
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2 Q. Did you have any counter-high showcases?
3 A. Yes, I have two counter high. I have
4 one and the other side we have one that you sit
5 and you look.
6 Q. What kind of jewelry do you sell?
7 A. Vintage. High-end jewelry.
8 Q. What is vintage jewelry?
9 A. Vintage jewelry?
10 Q. Old jewelry?
11 A. Yes.
12 Q. Basically antique jewelry?
13 A. Antique jewelry.
14 Q. Where do you acquire your vintage
15 jewelry?
16 A. Auctions.
17 Q. What auctions do you attend?
18 A. I don't attend. Me personally.
19 Q. Your father does?
20 A. Yes.
21 Q. Do you know where he goes to buy the
22 jewelry. What auction houses?
23 A. Sotheby's. Christie's.
24 Q. Prior to 2015, how many customers would
25 come into the store on a daily basis?
DEITZ Court Reporting... A Lexitas Company
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2 A. We have none, or maybe two or three
3 maximum.
4 Q. That would be per day?
5 A. Per day. Sometimes five or six. It
6 depends on the day. It depends on the time.
7 Q. You are not a high volume business?
8 A. No.
9 Q. What is the average price of a vintage
10 piece of jewelry that you sell?
11 A. From $40,000 to a couple of million.
12 Q. Is all of the jewelry stored on the
13 premises?
14 A. Yes.
15 Q. Back in 2015 as well?
16 A. Yes.
17 Q. Do you have a safe?
18 A. Yes.
19 Q. Where is the safe located?
20 A. In the back.
21 Q. In the gallery section?
22 A. Yes.
23 Q. Is it a floor safe or built into the
24 wall?
25 A. It is a floor safe then closets are
DEITZ Court Reporting... A Lexitas Company
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2 built around it.
3 Q. You can't see it from the outside?
4 A. No.
5 Q. The gallery section, can you tell me
6 what is in the gallery section of the store back
7 in 2015?
8 A. Artwork. Beautiful artwork.
9 Q. That artwork would be where?
10 A. On the walls.
11 Q. You would have basically four walls in
12 the room?
13 A. Three. Four. Four walls.
14 Q. That artwork was paintings back in 2015?
15 A. Yes.
16 Q. Was there any other artwork in the room?
17 A. Sculptures. Two sculptures.
18 Q. The sculptures would be on the floor?
19 A. We have like a little area. It is over
20 there on the stand.
21 Q. Did you have a desk in that back room?
22 A. Yes.
23 Q. Is the gallery open to the public as
24 well?
25 A. Yes.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
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2 Q. Back in January 2015, do you know how
3 many paintings you had hanging on the walls in the
4 gallery section?
5 A. More than five.
6 Q. Was it the approximate number or more
7 than five?
8 A. I believe five. More than five.
9 Q. Were these paintings for sale?
10 A. For sale.
11 Q. Prior to January 20, 2015, how long had
12 the paintings been inside that gallery?
13 A. For a couple of years.
14 Q. You didn't really have any high turnover
15 of your paintings?
16 A. No.
17 Q. Prior to January 20, 2015, did the
18 number of paintings ever exceed five or more?
19 A. No, it should be five or more always.
20 Q. You wouldn't have 20 paintings?
21 A. No, we don't have the space.
22 Q. On a typical day, who would open the
23 store? You or your father?
24 A. Me.
25 Q. Was that the same back in 2015?
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2 A. No, it goes back and forth.
3 Q. It is my understanding on January 20,
4 2015, the store was closed; is that correct?
5 A. Yes, we go to Florida for the holiday.
6 Q. Prior to January 20, 2015, when was the
7 store last opened?
8 A. I don't know the exact date.
9 Q. Was it open in January of 2015?
10 A. Yes. No. January. Before, yes.
11 Q. In January 2015, you were closed?
12 A. Yes.
13 Q. The preceding 19 days, from January 1st
14 to January 19th were you closed?
15 A. January 1st until the 19th, yes. We
16 were closed.
17 Q. You were closed the entire month up to
18 the 20th?
19 A. Two weeks we were closed.
20 Q. In December of 2014, did you close the
21 store?
22 A. No.
23 Q. The store was open all the way until
24 December 30th?
25 A. No, open until December. In the 20s or
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2 maybe earlier.
3 Q. Was it opened during the week of
4 Christmas?
5 A. No, I don't believe so.
6 Q. You were also closed before the new
7 year?
8 A. Yes.
9 Q. You don't recall the exact date you were
10 closed in December?
11 A. No.
12 Q. You stated earlier you were away in
13 Florida?
14 A. Yes.
15 Q. Do you recall when you left for Florida
16 or did you leave in December of 2014 or
17 January 2015?
18 A. December of 2014.
19 Q. Do you recall which day in December 2014
20 you went to Florida?
21 A. No, I don't recall.
22 Q. Was it before Christmas?
23 A. Before Christmas.
24 Q. But after the 1st of December?
25 A. After the 1st of December.
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2 Q. What part of Florida did you go to?
3 A. Palm Beach.
4 Q. Who did you go to Palm Beach with?
5 A. With my wife and my kid.
6 Q. Did your father go as well?
7 A. Not with us, no. He went to Florida,
8 yes.
9 Q. Did he travel with you?
10 A. No, we never travel together.
11 Q. Did he leave before or after you?
12 A. I don't remember.
13 Q. Is your father married?
14 A. Yes.
15 Q. Did your mother go to Florida as well?
16 A. Yes.
17 Q. She went with your father?
18 A. Yes, I believe so.
19 Q. In 2014, did L'Etoile Royale have any
20 other locations?
21 A. We had a location in Palm Beach.
Preview
FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Exhibit I FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 1 December 7, 2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX# 158143/16 --------------------------------------------x L'ETOILE ROYALE, INC., Plaintiffs, -against- COMPUSTAR (U.S.A.) INC. and DOUGLAS ELLIMAN PROPERTY MANAGEMENT, Defendants. ---------------------------------------------x 360 Lexington Avenue New York, New York December 7, 2018 11:00 a.m. Examination Before Trial of the Plaintiff by SEVAN DOGRAMACIYAN, pursuant to Order, before Robert S. Barletta, a Notary Public of the State of New York. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 2 December 7, 2018 1 2 A P P E A R A N C E S: 3 GROSSMAN & GROSSMAN, P.C. 4 Attorneys for Plaintiffs 5 360 Lexington Avenue, 12th Floor 6 New York, New York 10017 7 BY: BRETT GROSSMAN, ESQ. 8 9 BRUCE SOMERSTEIN & ASSOCIATES, P.C. 10 Attorneys for Defendants 11 Seven Penn Plaza 12 New York, New York 10001 13 BY: CHRISTOPHER A. WONG, ESQ. 14 15 16 17 18 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 3 December 7, 2018 1 2 S T I P U L A T I O N S 3 IT IS HEREBY STIPULATED AND 4 AGREED by and between(among) counsel for the 5 respective parties hereto, that: 6 7 All rights provided by the 8 C.P.L.R., including the right to object to 9 any question, except as to form, or to move 10 to strike any testimony at this(these) 11 examination(s), are reserved, and, in 12 addition, the failure to object to any 13 question or to move to strike any testimony 14 at this(these) examination(s) shall not be a 15 bar or waiver to make such motion at, and is 16 reserved for the trial of this action; 17 18 IT IS FURTHER STIPULATED AND 19 AGREED by and between(among) counsel for the 20 respective parties hereto, that this(these) 21 examination(s) may be sworn to by the 22 witness(es) being examined, before a Notary 23 Public other than the 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 4 December 7, 2018 1 2 S T I P U L A T I O N S (Cont'd) 3 Notary Public before whom this(these) 4 examination(s) was (were) begun; but the 5 failure to do so, or to return the original 6 of this (these) examination(s) to counsel, 7 shall not be deemed a waiver of the rights 8 provided by Rules 3116 and 3117 of the 9 C.P.L.R., and shall be controlled thereby; 10 11 IT IS FURTHER STIPULATED AND 12 AGREED by and between(among) counsel for the 13 respective parties hereto, that this(these) 14 examination(s) may be utilized for all 15 purposes as provided by the C.P.L.R.; 16 17 IT IS FURTHER STIPULATED AND 18 AGREED by and between(among) counsel for the 19 respective parties hereto, that the filing 20 and certification of the original of 21 this(these) examination(s) shall be and the 22 same hereby are waived; 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 5 December 7, 2018 1 2 S T I P U L A T I O N S (Cont'd) 3 IT IS FURTHER STIPULATED AND 4 AGREED by and between(among) counsel for the 5 respective parties hereto, that a copy of the 6 within examination(s) shall be furnished to 7 counsel representing the witness(es) 8 testifying, without charge. 9 10 IT IS FURTHER STIPULATED AND 11 AGREED by and between(among) counsel for the 12 respective parties hereto, that all rights 13 provided by the C.P.L.R., and Part 221 of the 14 Uniform Rules for the Conduct of Depositions, 15 including the right to object to any 16 question, except as to form, or to move to 17 strike any testimony at this examination is 18 reserved; and in addition, the failure to 19 object to any question or to move to strike 20 any testimony at this examination shall not 21 be a bar or waiver to make such motion at, 22 and is reserved to, the trial of this action. 23 24 -0- 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 6 December 7, 2018 1 Dogramaciyan 2 S E V A N D O G R A M A C I Y A N, called 3 as a witness, having been duly sworn by the 4 Notary Public, was examined and 5 testified as follows: 6 7 EXAMINATION BY 8 MR. WONG: 9 THE REPORTER: Please state your full 10 name for the record. 11 THE WITNESS: Sevan Dogramaciyan. 12 THE REPORTER: What is your address? 13 THE WITNESS: 300 East 62nd Street, 14 Apartment 2204, New York, New York 10065. 15 MR. WONG: Is it all right that I call 16 you by your first name? 17 THE WITNESS: That is okay. 18 MR. WONG: My name is Christopher Wong. 19 I am an attorney with Bruce Somerstein & 20 Associates representing the defendants in 21 this case. I am going to be asking you a 22 series of questions about an incident that 23 occurred on January 20, 2015 and a few 24 questions concerning the events that may lead 25 up to that date. If you do not understand DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 7 December 7, 2018 1 Dogramaciyan 2 any of my questions, let me know. I will 3 rephrase it. If your attorney objects, do 4 not answer the question and let us resolve 5 the question. I ask that all of your 6 responses to my questions be verbal because 7 we have a court reporter who can only take 8 down a verbal response. He cannot take a 9 shake of the head. I ask that you wait for 10 me to finish my question before answering it 11 because the court reporter can only take down 12 one person at a time speaking. 13 THE WITNESS: Okay. 14 Q. The address you gave at 300 East 15 62nd Street, Apartment 2204, New York, New York, 16 do you own or rent? 17 A. We own it. 18 Q. Who else do you own the apartment with? 19 A. My father. 20 Q. Who else do you live with? 21 A. My wife and two kids. 22 Q. Does your father live there? 23 A. No. 24 Q. Your father's name is? 25 A. Garbis Dogramaciyan. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 8 December 7, 2018 1 Dogramaciyan 2 Q. What is your wife's name? 3 A. Annya. A-n-n-y-a. 4 Q. Same last name? 5 A. Yes. 6 Q. Your children, how old are they? 7 A. One is 4 and one is 2. 8 Q. How long have you lived at that 9 apartment? 10 A. Ten years. 11 Q. What is your date of birth? 12 A. 7/7/1983. 13 Q. What is your highest level of education? 14 A. Two years of college. 15 Q. Two? 16 A. Associate's degree. 17 Q. Where did you go to college? 18 A. FIT. That was the program two years. 19 For jewelry design. 20 Q. When did you obtain that degree? What 21 year? 22 A. 2007. 23 Q. Are you currently employed? 24 A. Yes. 25 Q. Who is your employer? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 9 December 7, 2018 1 Dogramaciyan 2 A. L'Etoile Royale. 3 Q. You were employed by L'Etoile Royale 4 back on January 20, 2015? 5 A. Yes. 6 Q. Are you a full-time employee or 7 something else? 8 A. Full-time. 9 Q. Were you a full-time employee back in 10 January 2015? 11 A. No. 12 Q. When did you become a full-time employee 13 at L'Etoile Royale? 14 A. Years ago. 15 Q. Do you recall approximately? 16 A. Approximately. No. Maybe five or six 17 years. 18 Q. You testified earlier you were a 19 part-time employee back in January 2015 and now in 20 December 2018, when did you become a full-time 21 employee? 22 MR. GROSSMAN: When did he become 23 full-time? 24 MR. WONG: He said more than five years 25 ago. I asked him the question back in DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 10 December 7, 2018 1 Dogramaciyan 2 January 20, 2015, were you a full-time 3 employee. He said no. He was part-time. 4 MR. GROSSMAN: That wasn't five years 5 ago. When were you part-time and when were 6 you full-time? 7 THE WITNESS: My dad knows these things. 8 MR. GROSSMAN: If you don't know the 9 answer. 10 THE WITNESS: I don't know. 11 BY MR. WONG: 12 Q. Prior to working at L'Etoile Royale, did 13 you work anywhere else? 14 A. No. 15 Q. Do you recall when you first started 16 working at L'Etoile Royale? 17 A. As a kid. Family business. 18 Q. Do you recall how old you were? 19 A. Maybe eight or nine. Saturdays I used 20 to go to work just to learn. 21 Q. You are 35 years old right now? 22 A. Yes. 23 Q. Back in January 2015, do you recall the 24 address that L'Etoile Royale was working? 25 A. Yes. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 11 December 7, 2018 1 Dogramaciyan 2 Q. What address? 3 A. 784 Madison Avenue, New York, New York 4 10065. 5 Q. Prior to January 20, 2015, how long had 6 L'Etoile Royale been at that location? 7 A. I believe 2008 we started there. 2008 8 or 2009. 9 Q. Were you working at L'Etoile Royale back 10 in 2008 or 2009? 11 A. Yes. 12 Q. Were you full-time or part-time? 13 A. I don't know. 14 Q. Back in January 20, 2015, what were your 15 job duties at L'Etoile Royale? 16 A. Sales. 17 Q. Did you have any specific duties in 18 sales? 19 A. I set up the store every morning. I set 20 up the store. Sales. That is it. 21 Q. What is the business of L'Etoile Royale? 22 A. We do high end jewelry business. 23 Jewelry and art. 24 Q. What does that mean? 25 A. We sell jewelry and art. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 12 December 7, 2018 1 Dogramaciyan 2 Q. Do you buy jewelry and art? 3 A. Yes. 4 Q. Do you make any of your jewelry? 5 A. Me personally, yes. I do. 6 Q. Back in 2015, were you making jewelry or 7 designing jewelry? 8 A. I design jewelry all the time. 9 Q. Does L'Etoile Royale make that jewelry? 10 A. Yes. 11 Q. Do they sell that jewelry you design? 12 A. No. 13 Q. Are you selling or designing jewelry 14 somewhere else? 15 A. No, I just do it for myself. 16 Q. Not for the business? 17 A. No. 18 Q. Were there any other employees back in 19 L'Etoile Royale in January? 20 A. No, we have a security guard. That also 21 changes from another company. 22 Q. Back in January 2015, you had a security 23 guard in addition to yourself and your father? 24 A. Yes. 25 Q. What were the hours of the business back DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 13 December 7, 2018 1 Dogramaciyan 2 in January 20, 2015? 3 A. I am there usually 9:00 or 9:30 until 4 6:00 and the guard comes always between 1:00 or 5 12:00 until 6:00 or 5:00. 6 Q. Your working hours are between 9:30 to 7 6:00 p.m.? 8 A. Yes. 9 Q. Is the store open from 11:00 to 10 6:00 p.m.? 11 A. Yes. 12 Q. Do you know the name of the landlord? 13 A. No. 14 Q. Did L'Etoile Royale lease or own the 15 building or the space? 16 A. Lease. 17 Q. Is there a property manager? 18 A. Yes, there should be. 19 Q. Do you know the name of the property 20 manager? 21 A. No. 22 Q. Would your father know that name? 23 A. I don't know. He should. 24 Q. Is there a building super? 25 A. Yes. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 14 December 7, 2018 1 Dogramaciyan 2 Q. Do you know the building super's name? 3 A. Leo. 4 Q. Leo, is he on site every day on the 5 premises? 6 A. I don't know. I am not involved with 7 the building. I don't know if he is there or not. 8 Q. Do you know how to get in touch with Leo 9 if you needed to get in touch with him? 10 A. I go to the concierge of the building 11 and I ask for him. If he is there, he is there. 12 If he is not, he is not which is rarely. I never 13 ask. I don't really need anything. 14 Q. Where is the concierge located? 15 A. 790 Madison Avenue. 16 Q. Are you familiar with the term, "mixed 17 use building?" 18 A. Yes. 19 Q. Is the building at 784 Madison Avenue a 20 mixed use building? 21 A. It is the same building. 22 Q. There are ground floor commercial 23 businesses? 24 A. Ground floor and offices upstairs. 25 Q. Is there any residential building? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 15 December 7, 2018 1 Dogramaciyan 2 A. No, all offices. 3 Q. All commercial? 4 A. Yes. 5 Q. Besides L'Etoile Royale, do you know how 6 many other commercial businesses are on the street 7 level? 8 A. There is Michael Kors. There is an 9 eyeglass store next to me and there is Solomon. 10 The first store next to me. 11 Q. What are the cross streets? 12 A. 66th and 67th Street. 13 Q. Specifically, the space that L'Etoile 14 Royale occupies at 784 Madison, do you know the 15 approximate size of that space? Square footage? 16 A. I don't know exactly, no. 17 Q. Is it a big store or a small store? 18 A. Small boutique style. 19 Q. Do you know how many rooms it is? 20 A. One room. There is a front sales then 21 the back there is a gallery we have a gallery the 22 front is jewelry and the back the gallery. 23 Q. One room separated into two sections? 24 A. By a wall. 25 Q. The wall separating? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 16 December 7, 2018 1 Dogramaciyan 2 A. Basically, one room. Two sections 3 separated by a wall. Very small. Maybe 4 700 square feet. The store. 5 Q. Is there a doorway connecting the two 6 rooms? 7 A. No, there are no doors. 8 Q. The front portion of the store is where 9 you sold jewelry? 10 A. Yes. 11 Q. The back part of the store is a gallery? 12 A. Yes. 13 Q. Is there a basement? 14 A. No. 15 Q. Do you have a second floor? 16 A. No. 17 Q. A mezzanine? 18 A. No. 19 Q. Basically, you just have the one floor? 20 A. One floor. 21 Q. How many entrances does the store have? 22 A. One. 23 Q. Where is that located? 24 A. In the front on Madison. 25 Q. You don't have separate access to the DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 17 December 7, 2018 1 Dogramaciyan 2 building itself? 3 A. No. 4 Q. How many days a week are you open? 5 A. Six. 6 Q. That would be when? 7 A. Monday through Saturday. 8 Q. Are you closed on Sundays? 9 A. Yes. 10 Q. Prior to being at the 784 Madison Avenue 11 address, do you recall where the store was 12 located? 13 A. We were also in the Pierre Hotel. 14 Q. Were you in the Pierre Hotel on 15 January 20, 2015? 16 A. No. 17 Q. Prior? 18 A. Prior. 19 Q. How long were you at the Pierre Hotel? 20 A. I don't know exactly. 21 Q. Prior to 2007? 22 A. Yes, prior. 23 Q. The front half of the area you sell the 24 jewelry, is that 50 percent of the store, less, or 25 more? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 18 December 7, 2018 1 Dogramaciyan 2 A. Maybe 60. 3 MR. GROSSMAN: Physical size. 4 MR. WONG: Yes. 5 Q. The remaining would be in the back? 6 A. The gallery, yes. 7 Q. Is the store open to the public? 8 A. Yes. 9 Q. Do you need a appointment to enter the 10 store? 11 A. No, anyone could walk in. 12 Q. Is the security guard always present 13 during the opening hours? 14 A. Yes. 15 Q. Do you recall the name of the security 16 company that you were using back in January 2015? 17 A. I don't recall. 18 Q. In addition to the security guard that 19 the store has, do you have an alarm company? 20 A. Yes. 21 Q. Do you recall the name of the alarm 22 company? 23 A. ADT. 24 Q. Was it ADT back in 2015? 25 A. I think so. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 19 December 7, 2018 1 Dogramaciyan 2 Q. Are you familiar with the services that 3 ADT provides? 4 A. No. 5 Q. Do you know if they provide burglary 6 alarms? 7 A. Yes. 8 Q. Do you know if they provide you with 9 fire alarm services? 10 A. I don't know. 11 Q. If there was an attempt to break in the 12 store, would ADT contact you or your father? 13 A. They contact the store then they contact 14 my father, I believe. 15 Q. Are you on that call list? 16 A. No. 17 MR. WONG: Let's concentrate ourselves 18 on the front room where you were selling the 19 jewelry back in 2015 in January. 20 Q. What did you have in the way of 21 showcases in the front room, if any? 22 A. I don't understand the question. 23 Q. Was your jewelry on display to the 24 public? 25 A. During the day, yes. On the 20th? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 20 December 7, 2018 1 Dogramaciyan 2 Q. Yes, 2015. 3 A. No. 4 Q. In the storefront where you had the 5 jewelry, were there showcases you can display the 6 jewelry? 7 A. Yes. 8 Q. How many showcases did you have? 9 A. Seven showcases. 10 Q. Back in January of 2015, those showcases 11 were empty; correct? 12 A. Yes, only two in the front. We have 13 also put, if we are on vacation, some pieces. Two 14 small pieces. 15 Q. Is your storefront glass? 16 A. Glass and it is bronze around it. 17 Q. Are there any chairs in the front? 18 A. We have two, yes. 19 Q. Is there any art work displayed in the 20 front on the walls? 21 A. No. 22 Q. The walls are bare? 23 A. The walls are full showcases. The 24 showcases are aligned with the walls. Very 25 expensive per square foot on Madison. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 21 December 7, 2018 1 Dogramaciyan 2 Q. Did you have any counter-high showcases? 3 A. Yes, I have two counter high. I have 4 one and the other side we have one that you sit 5 and you look. 6 Q. What kind of jewelry do you sell? 7 A. Vintage. High-end jewelry. 8 Q. What is vintage jewelry? 9 A. Vintage jewelry? 10 Q. Old jewelry? 11 A. Yes. 12 Q. Basically antique jewelry? 13 A. Antique jewelry. 14 Q. Where do you acquire your vintage 15 jewelry? 16 A. Auctions. 17 Q. What auctions do you attend? 18 A. I don't attend. Me personally. 19 Q. Your father does? 20 A. Yes. 21 Q. Do you know where he goes to buy the 22 jewelry. What auction houses? 23 A. Sotheby's. Christie's. 24 Q. Prior to 2015, how many customers would 25 come into the store on a daily basis? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 22 December 7, 2018 1 Dogramaciyan 2 A. We have none, or maybe two or three 3 maximum. 4 Q. That would be per day? 5 A. Per day. Sometimes five or six. It 6 depends on the day. It depends on the time. 7 Q. You are not a high volume business? 8 A. No. 9 Q. What is the average price of a vintage 10 piece of jewelry that you sell? 11 A. From $40,000 to a couple of million. 12 Q. Is all of the jewelry stored on the 13 premises? 14 A. Yes. 15 Q. Back in 2015 as well? 16 A. Yes. 17 Q. Do you have a safe? 18 A. Yes. 19 Q. Where is the safe located? 20 A. In the back. 21 Q. In the gallery section? 22 A. Yes. 23 Q. Is it a floor safe or built into the 24 wall? 25 A. It is a floor safe then closets are DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 23 December 7, 2018 1 Dogramaciyan 2 built around it. 3 Q. You can't see it from the outside? 4 A. No. 5 Q. The gallery section, can you tell me 6 what is in the gallery section of the store back 7 in 2015? 8 A. Artwork. Beautiful artwork. 9 Q. That artwork would be where? 10 A. On the walls. 11 Q. You would have basically four walls in 12 the room? 13 A. Three. Four. Four walls. 14 Q. That artwork was paintings back in 2015? 15 A. Yes. 16 Q. Was there any other artwork in the room? 17 A. Sculptures. Two sculptures. 18 Q. The sculptures would be on the floor? 19 A. We have like a little area. It is over 20 there on the stand. 21 Q. Did you have a desk in that back room? 22 A. Yes. 23 Q. Is the gallery open to the public as 24 well? 25 A. Yes. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 24 December 7, 2018 1 Dogramaciyan 2 Q. Back in January 2015, do you know how 3 many paintings you had hanging on the walls in the 4 gallery section? 5 A. More than five. 6 Q. Was it the approximate number or more 7 than five? 8 A. I believe five. More than five. 9 Q. Were these paintings for sale? 10 A. For sale. 11 Q. Prior to January 20, 2015, how long had 12 the paintings been inside that gallery? 13 A. For a couple of years. 14 Q. You didn't really have any high turnover 15 of your paintings? 16 A. No. 17 Q. Prior to January 20, 2015, did the 18 number of paintings ever exceed five or more? 19 A. No, it should be five or more always. 20 Q. You wouldn't have 20 paintings? 21 A. No, we don't have the space. 22 Q. On a typical day, who would open the 23 store? You or your father? 24 A. Me. 25 Q. Was that the same back in 2015? DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 25 December 7, 2018 1 Dogramaciyan 2 A. No, it goes back and forth. 3 Q. It is my understanding on January 20, 4 2015, the store was closed; is that correct? 5 A. Yes, we go to Florida for the holiday. 6 Q. Prior to January 20, 2015, when was the 7 store last opened? 8 A. I don't know the exact date. 9 Q. Was it open in January of 2015? 10 A. Yes. No. January. Before, yes. 11 Q. In January 2015, you were closed? 12 A. Yes. 13 Q. The preceding 19 days, from January 1st 14 to January 19th were you closed? 15 A. January 1st until the 19th, yes. We 16 were closed. 17 Q. You were closed the entire month up to 18 the 20th? 19 A. Two weeks we were closed. 20 Q. In December of 2014, did you close the 21 store? 22 A. No. 23 Q. The store was open all the way until 24 December 30th? 25 A. No, open until December. In the 20s or DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 26 December 7, 2018 1 Dogramaciyan 2 maybe earlier. 3 Q. Was it opened during the week of 4 Christmas? 5 A. No, I don't believe so. 6 Q. You were also closed before the new 7 year? 8 A. Yes. 9 Q. You don't recall the exact date you were 10 closed in December? 11 A. No. 12 Q. You stated earlier you were away in 13 Florida? 14 A. Yes. 15 Q. Do you recall when you left for Florida 16 or did you leave in December of 2014 or 17 January 2015? 18 A. December of 2014. 19 Q. Do you recall which day in December 2014 20 you went to Florida? 21 A. No, I don't recall. 22 Q. Was it before Christmas? 23 A. Before Christmas. 24 Q. But after the 1st of December? 25 A. After the 1st of December. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NEW YORK COUNTY CLERK 09/24/2019 05:20 PM INDEX NO. 158143/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/24/2019 Page 27 December 7, 2018 1 Dogramaciyan 2 Q. What part of Florida did you go to? 3 A. Palm Beach. 4 Q. Who did you go to Palm Beach with? 5 A. With my wife and my kid. 6 Q. Did your father go as well? 7 A. Not with us, no. He went to Florida, 8 yes. 9 Q. Did he travel with you? 10 A. No, we never travel together. 11 Q. Did he leave before or after you? 12 A. I don't remember. 13 Q. Is your father married? 14 A. Yes. 15 Q. Did your mother go to Florida as well? 16 A. Yes. 17 Q. She went with your father? 18 A. Yes, I believe so. 19 Q. In 2014, did L'Etoile Royale have any 20 other locations? 21 A. We had a location in Palm Beach.